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In Union Budget 2023 Detailed Analysis Noexp
In Union Budget 2023 Detailed Analysis Noexp
India’s spectrum of
opportunities
February 2023
Economic Direct Indirect Policy Industry Glossary
indicators tax taxes updates impact
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Economic indicators
The economy is expected to grow 7.0 percent
in FY23, followed by 6.0-6.8 percent in FY24.
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The Economy Survey expects GDP to grow by CPI averaged between April and December 2022 Credit growth in the commercial sector was The early estimates suggest that the government
7.0 percent in FY23. Uncertain demand, cost at 6.8 percent compared with 5.2 percent in the 13.2 percent during April–December 2022 is likely to meet its targeted fiscal deficit of
pressures, and supply bottlenecks impacted previous period. Prices started easing since against 6.9 percent in the same period last year. 6.4 percent in FY23, owing to strong tax
manufacturing. Improved mobility aided in November 2022 and stood at 5.7 percent in So far, rising policy rates have not dampened revenues. However, lower inflation will likely
services growth. December 2022. credit growth. reduce tax collections, widening the deficit.
What to expect in FY24 What to expect in FY24 What to expect in FY24 What to expect in FY24
Global slowdown and tightening fiscal Global inflation, high oil prices, a strong dollar, Demand for credit may not be as affected by The fiscal deficit is estimated to be 5.9 percent
conditions weigh on the outlook. The economy and supply-chain disruptions may keep inflation rising borrowing costs because of falling prices of GDP in FY24. The government intends to bring
is likely to grow 6.0-6.8 percent in FY24. relatively high but not as much as last year. and pick up in private capital expenditure. the fiscal deficit below 4.5 percent of the GDP by
FY26.
Government’s 10-year
Rupee Current account deficit FDI
security yields
The Indian rupee depreciated nearly India’s current account deficit widened to Net FDI inflow to India fell marginally to
India’s bond yields averaged 7.3 percent
10.8 percent, during January–December 2022, 3.3 percent of GDP in H1 FY23, compared with US$20.0 billion in H1 FY23 as against US$20.3
during April–December 2022 from
due to the strengthening of the US dollar and 0.2 percent of GDP in H1 FY22, because of rising billion in H1 FY22. FDI inflows have tempered
6.2 percent in the same period, the previous
capital outflows. However, it appreciated against merchandise trade deficit and increase in since US Fed’s tightening and the Russia-
year.
the EUR, GBP, and YEN. payments of investment income. Ukraine crisis.
What to expect in FY24
What to expect in FY24 What to expect in FY24 What to expect in FY24
Yields may remain volatile because of global
Global uncertainties may result in continued The current account may deteriorate further FDI is expected to remain volatile due to
uncertainties and inflation concerns. A strong
dollar appreciation. That said, a strong growth owing to rising import bills (due to higher oil global slowdown concerns and falling liquidity
domestic outlook may help bring down yields.
outlook may keep INR steady in FY24. prices and depreciating INR) and falling exports post the monetary policy tightening in
(due to a global slowdown). advanced countries.
Note: **Domestic credit is summation of net bank credit to government and bank credit to commercial sector. Growth is measured on year-on-year basis on real values, wherever applicable.
Sources: CMIE, RBI
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Growth drivers Downside economic risks % YoY The four growth engines of real GDP % YoY
The consumer demand especially from the affluent class remains The year 2022 saw global inflation touch historic highs and central 100 Private consumption Government consumption 40
strong. High tax collections will enable the government to incur capex banks of advanced economies tighten their monetary policies Total fixed investment Exports, goods, and services
spending, thereby cushioning the impact of the global slowdown. The aggressively. Tighter liquidity conditions have impacted credit 20
50 GDP (RHS)
continued emphasis on infrastructure spending, reforms, and demand in these countries, while risk aversion has led to a slowdown
logistics schemes is likely to kickstart the private capex spending. in private investments. Wages and jobs have been impacted as well, 0
although the labour market in industrial countries remains tight.
The private sector, which is yet to boost investment sustainably, has a 0
healthy balance sheet. A sustained demand recovery and improved Global exigencies weigh on India’s outlook. The INR has depreciated -20
business environment may encourage them to invest later next year. by 10.8 percent during January-December 2022, owing to the rise in
Government incentives, such as the PLI scheme are likely to boost the US$ index and capital outflows. With demand for exports likely to -50 -40
manufacturing, especially in sunrise sectors, and create jobs. fall, a depreciated currency, higher oil prices, and a stronger Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2 Q3 Q4 Q1 Q2
domestic economy will raise imports more than exports in H1 FY24, FY18 FY19 FY20 FY21 FY22 FY23
Exports did well last year but is expected to slow down due to global
further widening CAD significantly. Capital outflows along with a
exigencies. Imports may remain strong because of a relatively strong
widening CAD could pressure INR valuation against US$ (and a IMF GDP Forecasts
economy and higher energy prices. This may pressure the CAD, which
vicious cycle of depreciated INR and higher CAD). Consequently, the
has increased over the past few quarters. 2022 2023 2024
RBI may have to intervene to stabilise currency, leading to a fall in (Estimate) (Forecast) (Forecast)
The FDI is showing recent signs of improvement. Additionally, FDI foreign exchange reserves. World 3.4 2.9 3.1
inflow from Japan, Singapore, the UK, and the UAE in H1 FY23 have Advanced
Inflation has eased over the past two months and remained in the 2.7 1.2 1.4
been upbeat even as inflows from the US have slowed down. India’s economies
tolerance range of the RBI. However, it is expected to remain high in
recent trade agreements aimed at integrating the manufacturing US 2.0 1.4 1.0
FY24 due to high oil prices, a strong dollar, and supply-chain
sector with the global supply chain may further diversify investments Euro Area 3.5 0.7 1.6
disruptions. As the economy recovers, it may further add to
and boost long-term growth. Germany 1.9 0.1 1.4
inflationary pressure. It will be a tightrope walk for the RBI as it will
have to balance growth and inflation objectives. A tighter credit UK 4.1 -0.6 0.9
condition may delay strong recovery, while not tightening it enough Japan 1.4 1.8 0.9
could result in inflation spiralling up. China 3.0 5.2 4.5
Emerging market
Despite the government’s focus on job creation, wage growth and developing 3.9 4.0 4.2
continues to fall behind the inflation rate. India needs more economies
employment, or it will impact household demand and pose a long-
Source: CMIE, RBI, IMF Forecasts
term risk to the biggest growth driver—private consumption
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Balanced monetary and fiscal policies will be key to improving GDP growth
The RBI will keep a close eye on the growth-inflation dynamics while calibrating monetary policy
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3. Green growth
Deloitte’s views: With an aim to drive sustainable economic development, the Government continues to prioritise the adoption of green energy and practices for farming,
construction, and mobility to reduce the carbon footprint and create new job opportunities. These will be a big step towards achieving India’s carbon emission goals.
• National Green Hydrogen Mission with an outlay of INR 197 billion will help India reach a target of five MMT per annum by 2030.
• This Budget provides INR 350 billion in capital investment towards energy transition and the net-zero and energy security objectives.
• Battery Energy Storage Systems with a capacity of 4,000 megawatt-hours will be supported with a viability gap funding. A detailed framework for Pumped Storage Projects will
also be formulated.
• The inter-state transmission system for evacuation and grid integration of 13-gigawatt renewable energy from Ladakh will be set up with an investment of INR 207 billion
including central support of
INR 83 billion.
• A green credit programme will be notified under the Environment (Protection) Act to encourage a behavioural change amongst companies and local bodies.
• PM programme for PRANAM (Restoration, Awareness, Nourishment and Amelioration of Mother Earth) will be launched to incentivise states and union territories to promote
alternative fertilisers and balanced use of chemical fertilisers.
• 500 new waste-to-wealth plants under GOBARdhan (Galvanizing Organic Bio-Agro Resources Dhan) scheme at a total investment of INR 100 billion will be established for
promoting a circular economy.
• 10,000 bio-input research centres will be set up over the next three years to facilitate 10 million farmers to adopt natural farming.
• The Government will promote the optimal use of wetlands through the Amrit Dharohar scheme over the next three years.
• Coastal shipping will be promoted as the energy-efficient and lower-cost mode of transport.
• In accordance with the vehicle scrapping policy mentioned in Budget FY22, funds have been allocated to scrap old vehicles.
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
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Direct tax
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Individual taxation
Simplified tax regime
Proposed changes to the simplified tax regime Proposed income slabs and tax rates vs. the existing
• Basic exemption limit to be increased from INR 0.25 ones under the simplified tax regime
million to INR 0.3 million
• Income threshold for the tax rebate available for Income slabs Tax rates under the
resident individuals to be increased from INR 0.5 (in INR) simplified tax regime
million to INR 0.7 million FY23 FY24
• Highest applicable surcharge on income above INR 50 (proposed)
million to be reduced from 37 percent to 25 percent
(lowering the highest marginal tax rate from Up to 2,50,000 NIL NIL
42.74 percent to 39 percent) 2,50,001–3,00,000 5% NIL
• Benefit of standard deduction up to INR 50,000 to be
3,00,001–5,00,000 5% 5%
available on salary/pension income
• Deduction up to INR 15,000 to be available on family 5,00,001–6,00,000 10% 5%
pension 6,00,001–7,50,000 10% 10%
• Simplified tax regime to be the default regime; option
to opt for the normal tax regime to be available 7,50,001–9,00,000 15% 10%
• Simplified tax regime extended to certain non- 9,00,001–10,00,000 15% 15%
corporate taxpayers
10,00,001–12,00,000 20% 15%
• Changes proposed to be effective from FY24
12,00,001–12,50,000 20% 20%
12,50,001–15,00,000 25% 20%
Above 15,00,000 30% 30%
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Individual taxation
Exemption and deductions
Enhanced exemption limit for leave encashment Rationalisation of exemption claimed in respect of Deductions from capital gains
• Maximum exemption limit for leave encashment to be proceeds of life insurance policies (other than ULIPs) • While computing the deduction from capital gains
enhanced from INR 0.3 million to INR 2.5 million for • Sum received under life insurance policies (other than arising on transfer of a residential house or any other
non-government employees, notification to this effect ULIPs) taken on or after 1 April 2023 to be subject to asset by reason of investing in a new residential house,
to be issued tax, where the premium/aggregate of premiums paid in for the limited purpose of computing the deduction,
any year exceeds INR 0.5 million the investment in the new house to be considered as
Gift of money by residents to not-ordinarily residents on • Where the proceeds are not exempt from tax, the maximum INR 100 million even if the actual investment
or after 1 April 2023 taxable amount received in excess of the aggregate of the is higher
• Any gift of money over INR 50,000 made by a resident premiums paid (to the extent not claimed as a
to a not-ordinarily resident on or after 1 April 2023 to deduction under any other provision) to be taxed under Electronic gold receipt
be deemed to be an income arising in India, ensuring the head “Income from other sources” in the manner • Conversion of physical gold into EGR (issued by a Vault
parity with non-resident recipients to be prescribed Manager) and vice versa not to be considered as a
“transfer” for capital gains purposes
Interest on home loan not eligible for double deduction TDS on PF withdrawal for non-PAN cases • Holding period of EGR/gold to include the holding
• Interest claimed as deduction under certain provisions • In the absence of PAN, TDS will apply at 20 percent period of the gold prior to conversion/EGR, respectively
to be excluded from cost of acquisition/cost of (instead of MMR) at the time of withdrawal of the PF • Cost of acquisition of EGR/gold to be deemed to be the
improvement upon transfer of the house property, to balance from the EPFO cost of the gold prior to conversion/EGR, respectively
prevent double deduction; same rule to apply to non-
individual taxpayers as well Valuation of accommodation perquisite
• The revised methodology for computation of perquisite
on account of provision of rent-free
accommodation/concession in terms of rent to be
prescribed
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Corporate tax
Coverage of “benefit and perquisite” clarified Rationalisation of presumptive taxation regime schemes
• Clarified that benefit or perquisite is taxable as business • Turnover/gross receipts threshold limit for availing the
income covers benefit or perquisite provided in cash or presumptive taxation schemes increased as under:
in kind or partly in cash and partly in kind − For eligible business under the Section 44AD* from
INR 20 million to INR 30 million
− For eligible professionals under the Section 44ADA
from INR 5 million to INR 7.5 million
Claim for deduction of amounts paid to MSME
The amount or aggregate of the amount received during
• Deduction for payment made to MSME beyond the
the previous year, in cash, should not exceed 5 percent of
time limit specified in the Section 15 of the MSMEDA to
the total turnover or gross receipts
be allowed only on based on actual payment
• The receipt by a cheque drawn on a bank or by a bank
• Benefit of claiming deduction, if payment is made on or
draft, which is not account payee, to be deemed to be
before the due date of filing the tax return not available
receipt in cash
for such payments
• Tax audit report exempted for such taxpayers
• No set-off of unabsorbed depreciation and brought
forward loss to be allowed in the year when income
from business is offered to tax on presumptive basis by
specified NR taxpayers**
*business other than the business of plying, hiring or leasing goods carriages
** Specified NR taxpayers engaged in business of providing services or facilities in connection with or supplying plant and machinery on hire to be used in the prospecting for/ extraction/ production of mineral oil and engaged in
business of civil construction etc. in certain turnkey power projects
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Tax exemption extended for fund located in IFSC Extension of incorporation date for eligible start-ups to
• The timeline for availing exemption on transfer of avail tax holiday
assets of the original fund or its wholly owned special • The date of incorporation for eligible start-ups to avail
purpose vehicle to a resultant fund in case of relocation tax holiday to be extended until 31 March 2024.
to be extended from 31 March 2023 to 31 March 2025.
• Consequently, timeline for exemption to
shareholder/unitholder/interest holder of the original
Relief in carrying forward and set-off of losses
fund for transfer of share/unit/interest to be extended
• Relaxation provided to eligible start-ups for carrying
until 31 March 2025.
forward and set-off of losses even upon change in
• Exemption proposed to be extended to NR on
shareholding, is extended from 7 years to 10 years
distribution of income on ODI entered with OBU of an
IFSC, provided such income is chargeable to tax in the
hands of the OBU.
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NBFC
NBFC
• Provisions of thin-capitalisation rules (limitation on
interest deduction) in respect of debt issued by a NR,
being an AE of taxpayer not to apply to notified NBFCs
• Existing provisions for allowability of deduction of
interest on actual payment to NBFC and taxability of
interest income in relation to certain bad and doubtful
debts of NBFC to apply to such class of NBFCs, which
would be notified by the CG
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Concessional tax regime extended to new co-operative Relaxation of the threshold for loans/deposits in Relaxation of requirement to deduct tax on cash
societies engaged in manufacturing businesses cash/certain other modes involving primary agricultural withdrawal by a co-operative society
• The concessional tax rate of 15 percent (available to credit societies/primary co-operative agricultural/rural • Threshold limit for cash withdrawal without TDS
companies since 2019) has now been extended to new development bank, and its members increased to INR 30 million for co-operative societies
resident co-operative societies engaged in • Threshold limit for undertaking transactions of (as against INR 10 million for other taxpayers) subject
manufacturing businesses, which commence taking/accepting and repaying loans and deposits to compliance with certain past tax return filing related
manufacturing up to 31 March 2024, subject to certain increased to INR 0.2 million (from INR 0.02 million conditions
conditions applicable to other cases)
• The income is required to be computed in a specified
manner
• Certain incomes are taxable at a higher rate of
22 percent/30 percent
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Redepositing corpus and repayment of loans Treatment of donations to other trusts Streamlining various due dates and timelines
• Usage of funds out of corpus or loans treated as an • Eligible donations made by a trust to another trust shall • Filing of forms for accumulation of income need to be
application before 1 April 2021 will not be treated as an be treated as an application of income only to the done at least two months prior to the due date for
application again when such an amount is deposited extent of 85 percent of such donations. furnishing return of income for it to be completed
back into the corpus or when such loans are repaid before the due date of the audit report, which is a
• Redeposit of the amount in corpus/repayment of loans month prior to the due date for furnishing returns.
is to be done within five years from the end of the Streamlining of exemption for specified statutory • Tax exemption will be available only if the return of
previous year from the usage of these funds for being authorities, boards, etc. income has been furnished within the time allowed for
allowed as an application in the year of depositing • Recently, the SC held that sums charged by certain filing the original return of income or for filing belated
back/repayment, subject to the fulfilment of the notified bodies, authorities, boards, trusts, or returns (and not in the case of updated returns). This
prescribed conditions. commissions would require evaluation on the nature of amendment is applicable from FY2023.
• Such redeposit/repayment to be allowed only if the their activities, i.e., whether it is at a cost with a
earlier usage of funds from the corpus/loan has nominal mark-up or with a significantly higher mark-up,
satisfied the prescribed conditions, such as appropriate to determine if the activities are commercial in nature.
TDS, non-cash payments, application on a payment • However, the SC also held that income of statutory
basis, payment not to benefit specified related parties, authorities, boards, etc., established by the State
and application to be in India. Government or Central Government, for achieving
• These amendments are applicable from FY2023. essential “public functions/services” are to be prima
facie excluded from commercial receipts.
• A separate clause has been proposed to be introduced
to provide an omnibus exemption to such statutory
authorities, boards, etc. dealing with housing
accommodation, planning, development of cities,
towns, and villages, regulating activities for the benefit
of the general public, as may be notified for these
purposes.
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Other amendments
• To address the practical challenges faced in seeking
provisional/regular registration, it is proposed that
trusts or institutions apply for provisional registration
only before the commencement of activities. The trusts
or institutions, which have already commenced their
activities, will directly make an application for regular
registration. This amendment is applicable from
1 October 2023.
• The ambit of “specified violation” (wherein registration
may be cancelled by PCIT/ CIT) is proposed to be
expanded to cover filing of an application for
registration, which is not complete, or where it contains
false or incorrect information.
• Tax on accreted income shall be payable if the trust or
institution fails to make an application for registration
per the prescribed method/provisions and within the
prescribed timeline.
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M&A
Share premium received over fair value from non- Sale consideration on the transfer of land/building
residents taxable in the hands of the company under JDA
• Premium received by a closely held company for the • Full value of the consideration to include the
issue of shares (in excess of fair value) from non- consideration received in cash, cheque, draft, or any
residents to be taxed in the hands of the company. other mode. Share premium received over fair value
from non-residents to be taxable in the
hands of the company
Taxation of capital gains on market-linked debentures Lapsing of losses in case of change in shareholding of
• Capital gains on transfer or redemption or maturity of closely held start-ups
market-linked debentures will be deemed to be short- • Provision triggering the lapse of losses in case of
term capital gains. change in shareholding will not apply to closely held
• In computing capital gains, no deduction to be allowed start-ups up to 10 years from the date of incorporation,
in respect of any STT paid. if the shareholding of the founders remains intact.
• The amendment is proposed to be effective from
FY23.
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M&A
Taxation of distributions to unit holders of business Cost of acquisition of capital assets (intangibles or
trusts rights)
• Taxability of income of unit holders has been widened • The cost of acquisition of intangible assets or rights to
to include any sum received from a business trust be taken as nil, except when covered under specified
(which is not in the nature of income exempt in the cases. Certain distributions to unit holders of a
hands of the business trust and is not taxed in the • The cost of improvement of intangible assets or business trust are taxable as income from
hands of the business trust at MMR) under “income rights to be taken as nil.
from other sources”.
other sources
• While computing the income on redemption of units,
cost of the units to be reduced will be limited to the
sum received on such redemption. Assessment or reassessment in business re-organization
• The AO to consider the modified return of income filed
by the successor to give the effect of order of the
tribunal or court where assessment or reassessment
proceedings have been completed or are pending as
on the date of furnishing the modified return.
• The amendment is proposed to be effective from
FY23.
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M&A
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Tax on winnings from online games TDS on net winnings from online games Rationalisation of TDS provisions for winnings from
• Specific provisions have been introduced to tax net • Net winnings from online games to be subjected to TDS lotteries, crosswords, horse races, etc.
winnings from online games at 30 percent with effect at the rates in force (currently 30 percent) from 1 July • A threshold of INR 10,000 (during an FY) to apply on an
from FY2023-24. 2023 as follows: aggregate basis for TDS on winnings from lotteries,
• Online games have been defined to mean a game that − On withdrawal from user account during the FY (on crossword, and other games.
is offered on the internet and is accessible by a user the net winnings comprised in such withdrawal) • A similar aggregate TDS threshold of INR 10,000 (during an
through a computer resource, including any − On the net winnings in the user account/remaining FY) to apply for TDS on winnings from horse races.
telecommunication device. in the user account at the end of the FY (to be • TDS provisions of lottery, crossword puzzles, etc., have
• The method of computation of net winnings from computed in a prescribed manner); and been amended to include winnings from “gambling or
online games is to be prescribed. Further, terms such as Manner of computing net winnings in the user account to betting of any form or nature whatsoever”.
computer resource and internet have been defined. be prescribed. • These amendments are proposed to be effective from
• Such winnings from online games have been excluded • Where net winnings are wholly or partly in kind and, 1 April 2023.
from existing provisions relating to the taxation of cash is insufficient to cover TDS liability, the payer • It is proposed that winnings from online gaming be
winnings from lotteries, crossword puzzles, card games, should ensure that the payee has paid tax before excluded from the ambit of TDS on lottery, crosswords,
and others. releasing the winnings. etc., with effect from 1 July 2023.
• Terms such as online gaming intermediary, user, user
account, etc., have been defined.
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Provision of benefits and perquisites in cash TDS on payment of specified income to NR: DTAA relief TCS on certain foreign remittances and on sale of
• It has been clarified that TDS provisions on the benefits • TDS on payment to NR of income on units of specified overseas tour packages
or perquisites arising from business or exercise of a mutual funds or specified company, to be at lower of • With effect from 1 July 2023, the TCS rates to be
profession will apply, whether it is in cash or kind or following rates: amended as follows:
partly in cash or partly in kind. − 20 percent or − Remittance for certain education and medical
• The amendment is proposed to be effective from − Applicable rate as per DTAA, subject to furnishing of treatment: Nil for remittance less than
1 April 2023. TRC INR 0.7 million and 5 percent for amount exceeding
INR 0.7 million
− TCS increased from 5 percent to 20 percent in case
of sale of overseas tour programme package and
TDS credit for income disclosed in income returns of the Certificate for TDS at lower or Nil rate other LRS remittances
past years • Nil/lower TDS certificate can be obtained in case of
• Where the taxpayer has included a particular income in specified income distributed/payable by business trust
the return for a year and TDS on such income has been to its unitholder
deducted and paid in a subsequent year, then the TDS on interest on listed dematerialised securities
taxpayer can claim credit for such TDS in a prescribed introduced
manner. • Existing exemption from TDS on interest payable to
• The amendment is proposed to be effective from Relief from TDS/TCS at higher rates for certain non filers resident taxpayer on specified security issued by a
1 October 2023. of income-tax returns company, which is in dematerialised form and listed on
• Relief from TDS/TCS at higher rates for specified person a recognised stock exchange in India withdrawn
who are not required to furnish return of income for
specified period and notified by CG
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Clarification on interest computation for defaults in the Rationalising provisions for withholding refunds and
payment of advance tax in case of updated returns setting-off of refunds against tax payable
• It has been clarified that the interest (for default in • To remove any existing overlaps, provisions relating to
payment of advance tax) shall be computed on the withholding of refund (in case refund is likely to
assessed tax after reducing the advance tax claimed in adversely affect revenue) and set-off of refund against
earlier returns, if any. tax payable have been merged.
• This amendment will take effect retrospectively from
1 April 2022.
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Transfer pricing
Key amendments
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Procedural aspects
Timeline to file return pursuant to its reassessment • Enabling the AO to direct the taxpayer to get the Introduction of a new appellate authority, viz JCIT(A)
notice inventory valued by a cost accountant, nominated by a • A new appellate authority, viz JCIT(A) has been
• The return in relation to the reassessment proceedings relevant tax authority introduced, to handle a certain class of cases involving
will be furnished within three months from the end of • Expenses relating to inventory valuation to be small amount of disputes
the month in which the reopening notice is issued, or determined by relevant tax authorities in accordance
within the time extended by the AO. with guidelines, and to be paid by the Central
Government
• Taxpayers will be given an opportunity to be heard, Re-alignment of timelines for completion of tax
except in case of best judgement assessment assessments
Issuance of reassessment notice pursuant to search-and- • It is proposed to provide that the assessments for and
seizure proceedings from the assessment year commencing 1 April 2022,
• In case of search, etc., initiated after 15 March of any shall be completed within a period of 12 months from
FY, where the period for the issue of notice under Penalty and prosecution for failure to pay or ensure the end of the assessment year; assessment
section 148 expires on 31 March of such FY, a period of payment of tax proceedings in case of an updated return shall also be
15 days shall be excluded for computing period of • Penalty introduced for failure to pay or ensure payment completed within a period of 12 months from the end
limitation for the issuance of such notice and the notice of the whole or any part of the tax, but the part in cash of the financial year in which the updated return is
so issued will be deemed to have been issued on is not sufficient to meet the TDS liability on: furnished
31 March of such FY. − Provision of benefit or perquisite in respect of • Clarifications to be inserted for timelines to complete
business or profession, assessment in cases post revision and for completion of
− Transfer of virtual digital asset assessment/re-assessment in search cases
− Winning from any online game (effective 1 July 2023)
Undervaluation of inventory • Prosecution provisions are proposed for the aforesaid
To ensure that the inventory is valued in accordance with failure to pay the tax or ensure payment of tax/TDS
the law, the following amendments have been proposed:
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Procedural aspects
Rationalisation of appeals to ITAT Amortisation of preliminary expenditure Strengthen search and seizure provisions
• Appeal against the following orders enabled to be • The taxpayer is required to furnish a statement • Provisions related to search and seizure to be
made to the ITAT containing the particulars of expenditure in connection rationalised to inter-alia provide for assistance to the
− Penalty orders passed under the Section 271AAB, with the following (within a prescribed period to authorised officer during and after the search
271AAC, and 271AAD by CIT(A) income-tax authority and in prescribed form and
− Order passed by PCCIT or CCIT under the Section 263 manner):
• Filing of cross-objections provided for all classes of − Preparation of feasibility report or the project report
cases or conducting of market survey or of any other
survey or engineering services
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Indirect taxes
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
GST
The Finance Bill, 2023
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
GST
The Finance Bill, 2023
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
GST
The Finance Bill, 2023
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
GST
The Finance Bill, 2023
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Rate change
• Central excise duty exemption is provided on blended CNG from the amount equal to the GST paid on
biogas/compressed biogas contained in such blended CNG subject to specified conditions
• Amendment in the NCCD rates on specified cigarettes are provided below:
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Customs
Changes in the Customs Act, 1962
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Customs
Changes in the Customs Tariff Act, 1975
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Customs
Changes in the Customs Tariff Act, 1975
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Customs
Increase in the customs duty rates
Some of the exemptions, concessions from customs duty are subject to fulfilment of prescribed conditions. There have been amendments, revisions in conditions for certain
exemptions, concessions.
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Customs
Increase in the customs duty rates
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Customs
Decrease in the customs duty rates
Camera lens and inputs/sub-parts for use in the manufacturing 2.5% Nil
of camera module/camera lens of camera module of cellular
mobile phone
Chip on film, PCBA and Cell (glass board/substrate) for 5% 2.5%
manufacturing open cell of LCD/LED TV panel
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Customs
Decrease in the customs duty rates
43
Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Customs
Validity of customs duty exemptions
Extension of exemption/concession of customs duty • Parts, components, and accessories for use in the
until 31 March 2024 for the purpose of undertaking manufacturing of reception apparatus for TV and sub-
review subject to fulfillment of conditions (if any) on the parts for manufacturing of these items
following: • Parts and components of digital still image video
• Gold ores and concentrates for use in the cameras
manufacturing of gold • Parts, components, and accessories for manufacturing
• Drugs and materials required for clinical trials CCTV camera/IP camera and sub-parts for
• Moulds, tools (excluding tungsten carbide micro PCB manufacturing of these items
drills), and dies for manufacturing parts of electronic • All goods of Heading 8802 (except 88026000-
components or electronic equipment’s spacecraft)
• Pipes and tubes for use in the manufacturing of boilers • Components or parts, including engines, of aircraft of
• Specified capital goods/machinery for printing industry Heading 8802
• Cash dispenser and parts • Specified life-saving drugs/medicines, including
• All parts for use in the manufacturing of LED lights or medicines for spinal muscular atrophy or duchenne
fixtures, including LED lamps muscular dystrophy, for personal use
• Batteries for electrically operated vehicles, including
two- and three-wheeled electric motor vehicles
• Photographic, filming, sound recording and radio
equipments, raw films, video tapes and sound
recording tapes of foreign origin, if imported in India
after having been exported therefrom
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Customs
Validity of customs duty exemptions
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Customs
Validity of customs duty exemptions
Extension of exemption/concession of customs duty Extension of exemption of customs duty until 31 March
until 31 March 2024 subject to fulfillment of conditions 2028 subject to fulfillment of conditions (if any) on the
(if any) on the following: following:
• Exemption to specified goods for carrying out repairs, • Used bonafide personal and household effects of a
reconditions, testing calibration or maintenance deceased person
• Exemptions to specified free gifts, donations, relief, • Exemption to import of cups, trophies to be awarded
and rehabilitation material imported by charitable to winning teams in international tournaments/world
trusts, Red Cross, CARE, and the Government of India cup to be held in India
• Exemption to goods of foreign origin imported for • Exemption to import of challenge cups and trophies
repair and return won by a unit of defence force or its members
• Exemption to specified equipment, instruments, raw
material, etc., imported for R&D projects
• Exemption to machinery/components for initial setting
up of non-conventional power generation plants
• Exemption to work of art, antiques in museum or art
gallery imported for public exhibition
• Import of specified goods related to defence and
internal security forces
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Customs
Reduction/increase in the BCD rate with corresponding change in AIDC/SWS (no change in effective customs) duty)
Platinum, unwrought or in semi manufactured form or in 12.5% 10% 1.5% 5.4% 10% Nil
powder form (effective
rate 1.4%)
Aeroplanes and other aircrafts 3% 2.5% Nil 0.5% Nil Nil
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Customs
Changes in the SWS rate
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Customs
Other changes
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Policy updates
• Enable a digitised and simplified
governance framework
• Launch knowledge, innovation, and
tourism initiatives
• Focus on agriculture and sustainable
growth
• Strengthen financial services and
infrastructure
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Agriculture and allied sectors Green Growth • Amrit Dharohar to be implemented over the next three
• Digital Public Infrastructure to be built as an open • INR 350 billion to be allocated for priority capital years to encourage optimal use of wetlands and
source and inter-operable public good to provide investments towards energy transitions and net-zero enhance bio-diversity, carbon stock, eco-tourism
farmer-centric solutions objectives opportunities, and income generation for local
• Agriculture Accelerator Fund to be set up to encourage • Battery energy storage systems with capacity of 4,000 communities
agri-startups in rural areas MWH to be supported with Viability Gap Funding • Adequate funds to be allocated for scrapping old
• Atmanirbhar Horticulture Clean Plant Programme to be • PM-PRANAM to be launched to incentivise states and vehicles of the Central and State Government under the
launched with an outlay of INR 220 billion to provide UTs to promote alternative fertilisers vehicle scrapping policy
disease free quality planting material • Green Credit Programme to be introduced to
• Agriculture credit target increased to INR 20 trillion incentivise environmentally sustainable and responsive
targeting animal husbandry, dairy, and fisheries actions
• Decentralised storage capacity to be set up to help • Over the next three years, 10,000 Bio-Input Resource
farmers realise remunerative prices Centres to be set up and create a national-level
• New sub-scheme of PM Matsya Sampada Yojana to be distributed micro-fertiliser and pesticide manufacturing
launched to improve value chain efficiencies and network
expand market for fishermen, fish vendors, and micro • The GOBARdhan scheme to be introduced to promote
and small enterprises the circular economy and MISHTI to be taken up for
• National cooperative database to be built for country- mangrove plantation along the coastline and on salt
wide mapping of cooperative societies pan lands
• Multipurpose cooperative societies, primary fishery • Coastal shipping to be promoted as the energy efficient
societies, and dairy cooperative societies to be set up in and lower cost mode of transport, both for passengers
uncovered villages and freight, through PPP mode with viability gap
funding
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Industry impact
• Automotive
• Banking and capital markets
• Consumer products
• Education
• Energy and infrastructure
• Industrial products, mining, and metals
• Insurance
• Investment management
• Life sciences and health care
• Media
• Oil, gas, and chemicals
• Real estate
• Technology
• Telecommunication 55
Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Automotive
Budget proposals
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Key tax measures • NBFC categorisation: With RBI updating its NBFC
• Foreign investors to be exempted from tax on any categorisation norms, an update of the corresponding
income distributed on ODIs with IFSC banking units. reference of erstwhile classes of NBFCs in the income-
• TCS on general LRS remittances to be increased from 5 tax law of taxability of interest income in the hands of
to 20 percent, effective 1 July 2023 NBFCs is proposed. This will help obviate any NBFCs with foreign ownership to benefit
• Indian residents to be subjected to TDS on interest unnecessary confusion on the different terminology
being used in RBI’s NBFC regulations and the Indian
from the exemption now provided to
earned on listed debt securities.
income-tax law. them from applicability of thin
• Carry forward of losses to be allowed in case of
strategic divestments, including mergers involving • Market Linked Debentures: All profits/gains arising for capitalisation rules
banks, post such strategic divestments. This should investors in MLDs issued by NBFCs will now be taxed as
help expedite the proposed sale of IDBI Bank. STCGs in the hands of the investors, on the
transfer/redemption/maturity of such debentures, New tax treatment provided for MLDs to
• NBFCs – Thin capitalisation rules: Certain classes of
NBFCs (to be notified separately) will be exempt from irrespective of their holding period. The aforesaid make the security less popular amongst
the applicability of thin capitalisation rules that restrict measure will help plug the tax rate arbitrage that investors (typically HNIs and family
tax deductibility of interest payments made to existed in the Indian income-tax law, whereby investors
in MLDs would enjoy LTCGs treatment on such offices, etc.), and might adversely impact
associated enterprises. This has been a long-standing
ask of the NBFC industry and will help provide a level- investments if held for more than 12 months and paid NBFCs’ ability to raise short-term finance
playing field between NBFCs and banks. LTCG tax at 10 percent.
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Consumer products
Budget proposals
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Education
Increase in education budget 2023 by 8.3 percent
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Overview Corporate tax • Tax on benefits in cash - Benefits in cash, which were
• Infrastructure and Green Growth, two of the seven • Tax on income distributed by InvITs - It has been out of purview of business income, are taxable as
priorities of Budget 2023 clarified that the amount distributed by business trust business income. Consequently, tax is also to be
• Heavy capital investment outlay towards infrastructure (including InvIT) to its unit holders, other than the withheld on such cash benefits.
and Green Energy transition proportion of the income of interest, dividend, and the Impact: Increase in tax base and compliance burden
• INR 197 billion outlay towards the National Green amount on which tax is already paid at InvIT level is now for the benefit provider
Hydrogen Mission to lower carbon intensity and reduce taxable; This amount shall be taxed in the hands of unit
dependence on fossil fuel imports; Target to reach an holders at the applicable tax rates.
annual production of 5 MMT by 2030 Impact: Income distributed by InvIT to unit holders
• 13GW green energy from Ladakh via investment of (which InvIT had received in repayment of debt) is
INR 207 billion taxable in the hands of unit holders
• 100 transport infrastructure projects identified for
• Coverage of non-resident investors to be taxed on the
connectivity for ports, coal, steel, and fertiliser sectors
issue of shares for excess consideration - Issue of
• Promoting battery energy storage systems
shares to non-resident investors at a premium, where Policies focussed on infrastructure
consideration exceeds fair market value now taxable in
the hands of closely held issuing company. development
Impact: Funding by foreign companies should be exactly
at fair market value for not attracting this provision Green economy to be pushed beyond the
• Withholding tax on interest paid on listed debentures - realm
Tax to be withheld on interest paid on listed debentures
for resident investors at 10 percent.
Impact: Cash flow in the hands of investor to the extent
of withholding
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Changes in import duty rate: • Specific HSN codes for certain metals introduced under
[Change in effective import duty rate] Chapter 71 without a change in tariff rate, effective
Effective from 2 February 2023 from 1 May 2023
• Import duty on articles made of precious metals has
been effectively increased from 22 percent to • Increase in the BCD rate of precious
25 percent. Exemption from import duty:
• BCD on “seeds” for use in the manufacture of rough lab- • Customs duty exemption is being provided for the metals and silver bars and dore
grown diamonds is being reduced to nil, subject to IGCR import of specified capital goods and machinery • Extension of customs duty exemption
conditions for two years. required for the manufacture of lithium-ion cells for for ferrous waste and scrap; remelting
• BCD on compounded rubber is being increased from batteries used in electric vehicles.
10 percent to 25 percent, or INR 30/kg, whichever is
scrap ingots of iron or steel for an
lower. additional year
Extension in import duty concession/exemption until
Effective from the date of Presidential Assent 31 March 2024:
• BCD and AIDC on silver bar and silver dore has been • Organic or inorganic coating material for the
enhanced with SWS exemption, resulting in increased manufacture of electrical steel,
duty of 15 percent and 14.35 percent, respectively, • Gold ores and concentrates for manufacturing gold,
effective from the date of Presidential Assent. • Alatheon and copper wire
• Spinnerets made of gold, platinum, and rhodium, or
[Changes without any economic impact] any one or more of these metals, when imported in
• BCD on coal, peat, and lignite is being increased to exchange of worn out or damaged spinnerets exported
2.5 percent but these are being exempted from AIDC out of India
effective from 2 February 2023. • Ferrous waste and scrap
• Change in import duty structure without any economic • Raw material used in the manufacturing of CRGO steel
impact for gold bars, gold dore, and platinum, effective
from the date of Presidential Assent.
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
• Precious stones imported by posts on “approval or Extension of import duty concession/exemption until
return” basis 31 March 2025:
• Pipes and tubes for use in the manufacture of boilers • Raw materials and parts, for use in the manufacture of
• Zinc metal recovered by toll smelting or toll processing cruise ships, ferry boats, cargo ships, barges, fishing
from zinc concentrates exported from India for such vessels, factory ships, tugs, pusher crafts, light vessels
processes (except floating or submersible drilling or production
• CNC systems for use in the manufacture of CNC lathes, platforms), warships, lifeboats (other than rowing
machining centres, or all types of CNC machine tools boats)
that come under 8456 to 8463
• Goods for use in the manufacture of Brushless Direct
Current (BLDC) motors Limitation in import duty concession/exemption until
• Capital goods and spares, raw materials, parts, material 31 March 2024:
handling equipment, and consumables for repairs of • Cruise ships and excursion ships (excluding vessels and
ocean-going vessels by a ship-repair unit floating structures imported for breaking up)
• Spare parts and consumables for repairs of ocean-going • Fishing vessels, tugs and pusher crafts, light vessels
vessels registered in India (excluding vessels and floating structures imported for
• Ethylene – propylene – non-conjugated diene rubber breaking up)
(EPDM) for use in the manufacture of insulated wires • Vessels such as warships and life-boats (excluding
and cables vessels and floating structures imported for breaking
up)
• Lithium-ion cell for use in the manufacture of batteries
or battery packs
• Parts, sub-parts (except lithium-ion cell) for
manufacturing lithium-ion batteries, lithium-ion cell
battery packs, and printed circuit board assembly, etc.
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Insurance
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Investment management
Foreign private equity and venture capital funds: Indian mutual funds:
• Share capital infusions in closely held Indian companies, • Indian mutual funds are now permitted to grant tax
made by non-resident investors (e.g., foreign private treaty relief to non-resident unit holders while
equity and venture capital funds) at a value that withholding tax on income distributed to the unit
exceeds the FMV of the shares of the Indian company holders, instead of withholding tax at the flat rate of Closely held Indian companies, including
will now be treated as ordinary income and taxed in the 20 percent as is currently provided in the Indian
hands of the Indian company to the extent that the income-tax law. This is a welcome move on the part of
FinTechs to be adversely affected by
consideration exceeds the FMV of the shares. While the the Indian Government as it was a longstanding ask of extension of the SAAR provision on
aforesaid provision is a SAAR in the Indian income-tax the Indian mutual fund segment. receipt of share premium above FMV from
law and previously applied only to transactions
involving Indian resident investors, it has now been
non-resident investors (e.g., foreign
extended to non-resident investors. The aforesaid could IFSC-GIFT City: private equity and venture capital funds)
adversely impact closely held Indian companies • The sunset clause granting tax exemptions to foreign
(including FinTechs) that are dependent on funding investment funds keen to relocate to IFSC-GIFT City has
from foreign private equity and venture capital funds. been extended by two years, from 31 March 2023 to
31 March 2025
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
-The Budget address acknowledged that the life sciences • Health care also finds focus in proposals relating to
and health care industry contributed to India’s rising global technology – the proposed “Centres of Excellence for
profile through the COVID-19 vaccination drive. The policy Artificial Intelligence” will include health as a key area
measures on health care are mainly aimed at promoting of inter-disciplinary research and for developing
inclusive development, an identified priority in the scalable solutions. Also, labs proposed for developing Emphasis on research and innovation,
Budget. applications using 5G services will cover health care
applications.
education, and skilling
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Media
69
Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Real estate
Repayment of debt by REIT/InVIT taxable in the hands of Capital gain tax exemption on investment in residential
unitholders property capped
• Distributions by REIT/InVIT in repayment of debt now • The set-off of long-term capital gains arising on the
taxable in the hands of unit holders as “income from sale of a residential unit or any other long-term asset
other sources”. The provisions will prospectively apply (other than a residential unit) by way of investment in Proposal of tax repayment of debt by
from FY2023–24 and subsequent years. another residential unit is proposed to be capped at
• Non-taxability of repayment of debt was an incentive INR 100 million, which was not capped earlier.
REIT/InVIT likely to significantly impact
for many sponsors/unitholders. Any foreign investor • This proposal will impact HNIs on their high-value post-tax IRR of unitholders
receiving the distribution of repayment of debt will transactions.
now be taxed at 40 percent plus surcharge.
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Technology
The first budget in Amrit Kaal sought to build up on the ‒ “Unified Filing Process” to eliminate the need for
foundation laid in the previous budget and the blueprint separate submission of information to various
for India@100. The Budget 2023 has proposed various government agencies
technology-based initiatives listed below:
Relaxation with respect to carry forward
• Agri-tech Direct tax proposals
To promote and support agri-tech start-ups, proposal • For incentives to eligible start-ups under the Section
and set-off of losses for eligible start-ups
for an open source, open standard, and inter-operable 80-IAC, the period of incorporation has been extended increased from 7 years to 10 years
public infrastructure for agriculture by 1 year to 31 March 2024
• Digital education • Time period for relaxation in relation to carry forward
‒ CoE for AI - Set up centres to achieve the vision of and set-off of losses of eligible start-ups, in case of
Make AI in India and Make AI work for
“Make AI in India and Make AI work in India” change in shareholding, has been increased from India
‒ Set up a National Digital library for children and 7 years to 10 years
adolescents to facilitate the availability of quality
books across geographies, languages, and genres
Scope of GST taxability of digital services
‒ Set up Skill India Digital Platform, a unified digital Indirect tax proposals widened
ecosystem, to facilitate access to entrepreneurship • Scope of OIDAR services widened by removing the
programmes, marketplace for employers, demand- criteria of minimal human intervention and including
based skilling B2C supplies for business purposes. Digital supplies to
• Fin-tech the Government are deemed as B2C supplies unless
‒ The scope of documents available in DigiLocker for regular GST registration is obtained by the Government
individuals to be expanded • BCD exemption for micro ATM, fingerprint
‒ Entity-based DigiLocker to be set up for large reader/scanner, miniaturised POS card reader for
businesses, MSMEs, and charitable trusts mobile POS and its parts and components has been
extended until 31 March 2024
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Telecommunication
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Glossary
74
Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Glossary
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Glossary
IFSCA International Financial Services Centres Authority NBFC Non-Banking Financial Company
INR Indian Rupee NCCD National Calamity Contingent Duty
InVIT Infrastructure Investment Trust NFIR National Financial Information Registry
IRDAI Insurance Regulatory and Development Authority of India NGO Non Governmental Organisation
IRR Internal Rate of Return OBU Offshore Banking Unit
ITC Input Tax Credit
ODI Offshore derivative instruments
JDA Joint Development Agreement
ODOP One District One Product Geographical Indications
KYC Know Your Customer
OIDAR Online Information and Database Access and Retrieval
LGD Lab-grown Diamonds Services
LRS Liberalised Remittance Scheme OTC Over-the-counter
LTCG Long-term capital gain PAN Permanent Account Number
MISHTI Mangrove Initiative for Shoreline Habitats & Tangible Incomes PF Provident Fund
MMR Maximum Marginal Rate PMKVY Pradhan Mantri Kaushal Vikas Yojana
MMR Maximum Marginal Rate
PMLA Prevention of Money Laundering Act, 2002
MMT Million Metric Tonnes
POS Point of Sale
MSME Micro Small and Medium Enterprises
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Economic indicators Direct tax Indirect taxes Policy updates Industry impact Glossary
Glossary
77
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